Tree

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TREE. A woody plant, which in respect of thickness and height grows greater than any other plant.
     2. Trees are part of the real estate while growing, and before they are severed from the freehold; but as soon as they are cut down, they are personal property.
     3. Some trees are timber trees, while others do not bear that denomination. Vide Timber, and 2 Bl. Com. 281.
     4. Trees belong to the owner of the land where they grow, but if the roots go out of one man's land into that of another, or the branches spread over the adjoining estates, such roots or branches may be cut off by the owner of the land into which they thus grow. Rolle's R. 394; 3 Bulst. 198; Vin. Ab. Trees, E; and tit. Nuisance, W 2, pl. 3; 8 Com. Dig. 983; 2 Com. Dig. 274; 10 Vin. Ab. 142; 20 Viii. Ab. 415; 22 Vin. Ab. 583; 1 Supp. to Ves. jr. 138; 2 Supp. to Ves. jr. 162, 448; 6 Ves. 109.
     5. When the roots grow into the adjoining land, the owner of such land may lawfully claim a right to hold the tree in common with the owner of the land where it was planted; but if the branches only overshadow the adjoining land, and the root does not enter it, the tree wholly belongs owner of the estate where the roots grow. 1 Swift's Dig. 104; 1 Hill. Ab. 6; 1 Ld. Raym. 737. Vide 13 Pick. R. 44; 1 Pick., R. 224; 4 Mass. R. 266; 6 N. H. Rep. 430; 3 Day, 476; 11 Co. 50; Rob. 316; 2 Rolle, It. 141 Moo. & Mal. 112; 11 Conn. R. 177; 7 Conn. 125; 8 East, R. 394; 5 B. & Ald. 600; 1 Chit. Gen. Pr. 625; 2 Phil. Ev. 138; Gale & Wheat. on Easem. 210; Code Civ. art. 671; Pardes. Tr. des Servitudes, 297; Bro. Ab. Demand, 20; Dall. Dict. mot Servitudes, art. 3 Sec. 8; 2 P. Wms. 606; Moor, 812; Hob. 219; Plowd. 470; 5 B. & C. 897; S. C. 8 D. & R. 651. When the tree grows directly on the boundary line, so that the line passes through it, it is the property of both owners, whether it be marked as a boundary or not. 12 N. H. Rep. 454.

References in periodicals archive ?
50) The brown tree snake was introduced in Hawaii and the population is rapidly growing, nearing densities of 12,000 per square mile, as was seen in Guam in 2002.
While snakes will readily enter homes if they can find an easy entrance, most of those tales are considered urban legends--in fact, most people go years on the island without seeing a brown tree snake, Mr.
Brown tree snakes have gobbled their way through the island's bird species, bitten babies and tangled up in power lines, causing frequent electric blowouts at a cost of $4 million in damages annually.
Sensory cues important to brown tree snakes (BTS) have been compared in the context of foraging, but not in other settings.
Add to that the immeasurable damage caused by introduced organisms that injure or kill people or cause native species to go extinct, such as West Nile virus, smallpox, Africanized bees (Apis mellifera scutellata), and brown tree snakes (Boiga irregularis), and you get a problem of incalculable dimensions across North America.
The brown tree snake, Boiga irregularis, a threat to the Pacific Islands.
Few snakes do anything but fall, but the paradise tree snake widens and flattens its body as if trying to catch some lift.
Experiments with the brown tree snake (Boiga irregularis) demonstrated avoidance of open areas and increased use of refugia during periods of a simulated full moon (Campbell et al.
The story, unfortunately, isn't B-grade fiction; the very real brown tree snake (Boiga irregularis) made its way from New Guinea to Guam, probably aboard a freighter, in the mid-1950s.
Animal pests include the brown tree snake, which has killed nine species of Guam birds, as well as causing estimated annual losses of at least $1 million due to power outages from snakes getting into the transformers or wrapping around the wires.
The Guam Micronesian kingfisher is thought to be extinct in the wild following the introduction of the brown tree snake.